[12-17-1991; 2016 Code]
(A)
No person shall engage in acrobatic or trick flying over the city.
(B)
No person shall operate an aircraft over the city at an altitude
of less than 1,000 feet above the highest obstacle within a horizontal
radius of 2,000 feet from the aircraft, except for purposes of taking
off from and landing at the Monroe municipal airport.
(C)
No person, while flying over the city, shall drop any object except
the emergency dropping of loose water or loose sand ballast.
(D)
A person who violates any provision of this section shall upon conviction
be subject to a class 3 forfeiture.
[10-18-1983; 9-5-1995; 2016 Code]
(A)
Disorderly house. No person, as owner, agent of the owner, lessee,
tenant, occupant, visitor, guest or as a trespasser of any building,
enclosure, structure, tent, garden, yard, room or other place within
the city shall permit or engage in "disorderly conduct" as defined
in subsection (B) of this section, or allow any excessive noise which
causes a disturbance to others.
(B)
Disorderly conduct. No person shall, in a public or private place,
engage in violent, abusive, indecent, profane, boisterous, unreasonably
loud or otherwise disorderly conduct under circumstances in which
the conduct tends to cause or provoke a disturbance.
(C)
Annoying phone calls. No person shall telephone another with the
intent to frighten, intimidate, threaten, harass, annoy, or offend,
or telephone another and use any obscene, lewd, or profane language
or suggest any lewd or lascivious act, or threaten to inflict injury
or physical harm to the person or property of any person. No person
shall attempt to extort money or other thing of value from any person,
or to otherwise disturb by anonymous telephone call, the peace, quiet
or right of privacy of any person at the place where the telephone
call was received whether or not conversation ensues.
(D)
Harassment. No person shall, with intent to harass or intimidate
another person, do any of the following:
(1)
Strike, shove, kick or otherwise subject the person to physical
contact or attempt or threaten to do the same.
(2)
Engage in a course of conduct or repeatedly commit acts which
harass or intimidate the person and which serve no legitimate purpose.
(3)
This subsection does not prohibit any person from participating
in lawful conduct in labor disputes under section 103.53 of the Wisconsin
statutes.
(E)
Unlawful assemblies. No person shall fail or refuse to withdraw from
an unlawful assembly which has been ordered to disperse.
(1)
An "unlawful assembly" is an assembly which consists of three
or more persons and which causes such a disturbance of public order
that it is reasonable to believe that the assembly will cause injury
to persons or damage to property unless it is immediately dispersed.
(2)
An "unlawful assembly" includes an assembly of persons who assemble
to block or obstruct the lawful use by any other person, or persons
of any private or public thoroughfares, property or of any positions
of access or exit to or from any private or public building, or dwelling
place, or any portion thereof and which assembly does in fact so block
or obstruct the lawful use by any other person, or persons of any
such private or public thoroughfares, property or any position of
access or exit to or from any private or public building, or dwelling
place, or any portion thereof.
(F)
Penalty. Any person who violates any provision of this section shall
upon conviction be subject to a class 3 forfeiture.
[12-17-1991; 2016 Code]
(A)
No person shall commit an indecent act of sexual gratification with
another with knowledge that they are in the presence of others.
(B)
No person shall publicly and indecently expose his or her genitals
or pubic area.
(C)
Any person violating any provision of this section shall upon conviction
be subject to a Class 3 forfeiture.
[10-18-1983; 2016 Code]
(A)
No person shall disturb the peace and good order of the city in any
manner as to be annoying to others, whether the disturbance occurs
in his or her own home or elsewhere.
(B)
No person shall disturb or annoy any congregation, audience, public
meeting or lawful assembly or persons or join others in so doing,
nor shall any person annoy any person in any public place.
(C)
Any person who violates any provision of this section shall upon
conviction be subject to a class 2 forfeiture.
[11-5-2014; 2016 Code]
(A)
No person shall be in possession of any alcohol beverage in any open
container while in or upon any public park, street, alley, sidewalk
or public way, or area held out for public use, or while riding upon
a commercial quadricycle as defined in section 340.01(8m) of the Wisconsin
statutes, except pursuant to a permit issued by the city authorizing
such possession.
(B)
No person shall be in possession of any alcohol beverage in an open
container while in a motor vehicle in or upon any public street, alley,
sidewalk or public way, or area held out for public use.
(C)
Any person who violates this section shall upon conviction be subject
to a class 4 forfeiture.
[7-2-1985; 2016 Code]
(A)
Gambling houses. No person shall keep or maintain any house or other
place for a gambling purpose, and no person shall visit any gambling
house or other place for a gambling purpose.
(B)
Seizure of gambling devices. The mayor, chief of police or any police
officer of the city may seize or direct to be seized, any instrument,
devices or thing used a gambling purpose and all such instruments,
devices or things so seized shall be disposed of under the order of
the court.
(C)
Penalty. Any person who violates any provision of this section shall
upon conviction be subject to a class 1 forfeiture.
[6-19-1984; 3-18-1986; 5-5-1993; 10-19-2010; 2016 Code]
(A)
Loitering or prowling prohibited. It is unlawful for any person to
loiter or prowl in a place, at a time or in a manner not usual for
law abiding individuals under circumstances that warrant alarm for
the safety of persons or property in the vicinity.
(1)
Among the circumstances which may be considered in determining
whether alarm is warranted is the fact that the person takes flight
upon the appearance of a police officer, refuses to identify himself
or herself or attempts to conceal himself or herself or any object.
(2)
Unless flight by the person or other circumstances makes it
impracticable, a police officer shall, before any arrest for an offense
under this section, allow the person an opportunity to dispel any
alarm which would otherwise be warranted by requesting such person
to identify himself or herself and explain his or her presence and
conduct.
(3)
No person shall be convicted of an offense under this paragraph
if the police officer did not comply with subparagraph (2) of this
paragraph, or if it appears at trial that the explanation given by
the person, if believed by the police officer, would have dispelled
the alarm.
(B)
Obstruction to others.
(1)
Obstruction of highway. No person shall obstruct any street,
bridge, sidewalk or crossing by loitering in or upon the same after
being requested to move on by any police officer.
(2)
Obstruction to traffic. No person shall loiter individually,
in groups or crowds upon the public streets, alleys, sidewalks, street
crossings or bridges or in any other public places within the city
in such manner as to prevent, interfere with or obstruct the ordinary
free use of such public streets, sidewalks, street crossings and bridges
or other public places by persons passing along or over the same.
(C)
Loitering in buildings or on property owned, leased or operated by
the city. No person shall loaf or loiter in any waiting room, lobby
or other portion of any building owned, leased or operated by the
city, or to remain in or on any such building for longer than reasonably
necessary to transact such business as such person may have to transact
in such building.
(D)
Penalty. Any person who violates any provision of this section shall
upon conviction be subject to a class 4 forfeiture.
[8-10-2012; 2016 Code]
(A)
Damage to property. Whoever intentionally causes damage to the physical
property of another without the person's consent shall upon conviction
be subject to a class 3 forfeiture.
(B)
Corruption of well. Whoever injures or corrupts any public or private
well shall upon conviction be subject to a class 3 forfeiture.
(C)
Graffiti. Whoever intentionally marks, draws or writes with paint,
ink or another substance on or intentionally etches into the physical
property of another without the other person's consent shall upon
conviction be subject to a class 3 forfeiture.
[6-19-1984; 2016 Code]
[7-9-1997; 2016 Code]
(A)
Restricted use area. No person shall intentionally enter or remain
upon any real property in violation of one or more lawful restrictions
placed upon the use of such property by the owner or person in lawful
possession thereof, if:
(1)
The person present has received oral or written notice of the
restrictions applicable to the property from the owner or person in
lawful possession of the property, or
(2)
There is clearly visible from the location of the person one
or more signs stating the restrictions applicable to the property
and the sign or signs visible to such person meet the following criteria:
(B)
Dwelling or structure. No person shall do the following in or about
a dwelling or structure of another:
(C)
Motor vehicle. No person shall climb, lie or sit upon the motor vehicle
of another while such vehicle is parked or standing upon any public
street, parking lot, or other public place in the city, without the
consent of the owner or person in lawful possession thereof.
[11-20-1990; 9-4-2001; 11-6-2002; 2016 Code]
(A)
Declaration of purpose. The council finds that unsolicited distribution
of printed materials within the city constitutes a serious problem
for residents of the city because such printed materials are frequently
distributed to private residences contrary to the wishes of the owner
or occupant causing disruption of privacy and inconvenience to residents
of the city; such materials, if permitted to be distributed without
regulation, will be blown about by the wind causing unsightly accumulations
of litter and substantial expenditures of public funds for cleanup;
such materials may accumulate at a residence during vacations or other
absences of the owner or occupant thereby indicating the residence
is temporarily vacant and inviting burglary or other criminal activity;
and the distribution of such materials on and along public streets
and sidewalks can impede the orderly flow of vehicular and pedestrian
traffic.
(B)
DISTRIBUTION
DISTRIBUTOR
HANDBILL
PRIVATE RESIDENCE
Definitions. In this section:
Means the delivery of a handbill to one or more locations
within the city by means other than the United States mail. Distribute
shall be given the same meaning as "distribution."
Means a person who causes, supervises, directs, oversees
or is otherwise responsible for distribution.
Means any handbill, dodger, circular, booklet, card, pamphlet,
sheet or other written or printed notice, or any sample product, any
of which advertises any fact, opinion, idea, commodity, article, merchandise,
business, meeting, entertainment, person or thing.
Means any structure or that part of a structure which is
used as a home, residence or sleeping place by one person or by two
or more persons maintaining a common household, to the exclusion of
all others.
(C)
Distribution regulated.
(1)
Prohibited practices. No person shall:
A)
Knowingly distribute a handbill, in or upon any lands owned
or leased by the city, to a natural person unwilling to accept such
handbill.
B)
Distribute a handbill in or upon an unattended vehicle within
the city which is either parked on a public street or in a parking
area open to the general public and when such unattended vehicle has
posted thereon, in a conspicuous place, a sign or signs of at least
eight square inches in area bearing the words "no advertising."
C)
Distribute a handbill in such a manner as to impede the free
flow of traffic upon any street or sidewalk.
D)
Tack, nail, paste, paint or otherwise affix a handbill upon
public property, including any bridge, fence, sidewalk, building,
monument, pole or post. Handbills may be affixed upon private property,
buildings or billboards with consent of the owner or other authorized
person if the same is not otherwise prohibited by this code. This
subsection shall not prohibit otherwise lawfully posted legal notices.
E)
Distribute a handbill from an aircraft or any place above ground
level without first obtaining permission from the council. The council
shall grant such permission only if it determines that such distribution
is not detrimental to the public health and safety. Said distribution
shall also be subject to the other requirements of this section.
F)
Distribute a handbill to the address of a person who has provided
written notice to the distributor requesting that future distribution
be stopped to such address. Notice shall be considered given on the
fifth day after the day of mailing if the mail is addressed to a point
within the state and the eighth day after the day of mailing in all
other cases.
G)
Distribute a handbill when a handbill left from a previous distribution
by the same distributor remains in the same location. A handbill shall
be considered to be in the same location if it is located outside
the structure or other premises to which it was originally distributed
and is clearly visible from the location of the second handbill placed
by the same distributor.
(2)
Special provisions relating to private residences. Except pursuant
to a written subscription or other written authorization by the occupant
of a private residence, no person shall distribute a handbill to or
upon any private residence in the city:
(3)
Disclosure of names. A distributor shall maintain at all times
a current written list containing the name and address of each person
authorized or directed by the distributor to engage in distribution.
A legible copy of such list shall be provided to an authorized representative
of the city upon request.
(D)
Severability. The several subsections, paragraphs and subparagraphs
of this section are hereby declared to be severable. If any subsection,
paragraph or subparagraph of this section shall be declared by a decision
of a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the other provisions of the section
or of the subsection of which the invalid portion may be a part.
(E)
Penalty. Whoever violates this section shall upon conviction be subject
to a class 3 forfeiture.
[12-17-1991; 2016 Code]
(A)
No person shall permit the approaches, passageways or aisles leading
to or between the seats of any room used for public meetings to be
obstructed by any means that impairs free passage to, through or from
such seats.
(B)
Any person who violates any provision of this section shall upon
conviction be subject to a class 5 forfeiture.
[2016 Code]
(A)
All scaffolds erected in the city for use in the erection of buildings
shall be properly supported, secured, and of sufficient width to ensure
the safety of persons using such scaffolds, and to ensure proper support
for all materials upon such scaffolds.
(B)
Any scaffold erected or maintained contrary to the provisions of
this section shall be considered a nuisance.
(C)
Any person erecting or maintaining a scaffold contrary to the provisions
of this section shall upon conviction be subject to a class 4 forfeiture.
[12-17-1991; 2016 Code]
(A)
No person shall build or maintain any barbed wire or electric fence
along any public street adjacent to any sidewalk.
(B)
No person shall build or maintain any barbed wire or electric fence
as a division fence between any lots or parts of lots occupied for
residence purposes.
(C)
A fence shall be considered to be a barbed wire or electric fence
if it is constructed, in any part, of barbed wire or electric fence.
(D)
Any person violating any provision of this section shall upon conviction
be subject to a class 5 forfeiture. A separate offense exists each
calendar day during which a violation occurs or continues.
[9-1-1981; 2016 Code]
(A)
The term "noxious weeds" as used in this chapter shall have the meaning
set forth in section 66.0407(1)(b) of the Wisconsin statutes.
(B)
Every person shall destroy all noxious weeds on all lands which he
or she shall own, occupy or control. The person having immediate charge
of any public lands shall destroy all noxious weeds on such lands.
(C)
The term "destroy" means the complete killing of weed plants above
the surface of the ground by the use of chemicals, cutting, tillage,
cropping system, pasturing livestock, or any or all of these in effective
combination, at such time and in such manner as will effectually prevent
such plants from maturing to the bloom or flower stage.
(D)
The mayor shall annually before May 16 publish a class 2 notice,
under chapter 985 of the Wisconsin statutes, that every person is
required by law to destroy all noxious weeds on lands in the city
which the person owns, occupies or controls.
(E)
Duties; powers; collection of tax.
(1)
The weed commissioner shall investigate reports of noxious weeds
in the city; if any person neglects to destroy any noxious weeds as
required by this section the weed commissioner shall cause all such
weeds to be destroyed in the manner he or she considers most economical.
For each day devoted to the destruction of weeds the weed commissioner
shall receive such compensation as is determined by the council; the
accounting, itemized by parcel of land, shall be presented to the
city clerk. The city clerk shall bill the property owner to recover
the cost of the destruction of the weeds. Bills not timely paid shall
be entered on the next tax roll in a column headed "for destruction
of weeds," as a tax upon the land on which such weeds were destroyed,
which tax shall be collected as other taxes are, or as taxes are collected
on personal property under section 74.11 of the Wisconsin statutes,
except lands which are exempt from taxation in the usual way. For
railroad or other lands not taxed in the usual way, the amount chargeable
against the same shall be certified by the city clerk to the Wisconsin
secretary of administration who shall add the amount designated to
the sum due from the company owning, occupying or controlling the
lands specified, and the treasurer shall collect the same therefrom
as prescribed in sub-chapter I of chapter 76 of the Wisconsin statutes,
and return the amount collected to the city.
(2)
The weed commissioner may enter upon any lands upon which any
noxious weeds are growing and destroy them without being liable, either
personally or as an agent or independent contractor or servant of
the city, to an action in trespass or any other action for damages
resulting from the performance of these duties, if reasonable care
is exercised in the performance of the duties imposed by this section.
(F)
References to a specific statute section wherever used in this section
shall mean the Wisconsin statutes of 2013-2014 and acts amendatory
and supplementary thereto.
[6-21-1988; 3-1-2005; 2016 Code]
(A)
Wisconsin statutes adopted. Except as expressly provided in this
section, the provisions of section 167.10 of the Wisconsin statutes
and all acts amendatory and supplementary thereto, and in replacement
thereof, relating to the sale, possession or use of Fireworks are
hereby adopted by reference. Any act required to be performed or prohibited
by section 167.10 of the Wisconsin statutes is by reference required
to be performed or prohibited by this chapter.
(B)
EXCLUDED COMBUSTIBLE
FIREWORKS
Definitions. In this chapter:
Means any of the following: a) Fuel or a lubricant. b) A
firearm cartridge or shotgun shell. c) A flare used or possessed or
sold for use as a signal in an emergency or in the operation of a
railway, aircraft, watercraft or motor vehicle. d) A match, cigarette
lighter, stove, furnace, candle, lantern or space heater. e) A cap
containing not more than one-quarter grain of explosive mixture, if
the cap is used or possessed or sold for use in a device which prevents
direct bodily contact with a cap when it is in place for explosion.
f) A toy snake which contains no mercury. g) A model rocket engine.
h) Tobacco and a tobacco product. i) A sparkler on a wire or wood
stick not exceeding 36 inches in length that is designed to produce
audible or visible effects. j) A device containing less than one-quarter
grain of explosive mixture that is designed to spray out paper confetti
or streamers. k) A fuseless device containing less than one-quarter
grain of explosive mixture that is designed to produce audible or
visual effects. l) A device that is designed primarily to burn pyrotechnic
smoke-producing mixtures at a controlled rate while remaining on the
ground and that produces audible or visual effects and showers of
sparks, but not objects, and does not explode. m) A cylindrical fountain
that is classified by the federal department of transportation as
a division 1.4 explosive, as defined in 49 CFR 173.50, that consists
of one or more tubes that remain on the ground while emitting showers
of sparks, but not objects, and does not explode. n) A cone fountain
that is classified as a Division 1.4 explosive, as defined in 49 CFR
173.50, that remains on the ground while emitting showers of sparks,
but not objects, and does not explode.
Means anything manufactured, processed or packaged for exploding,
emitting sparks or combustion which does not have another common use,
but does not include an excluded combustible.
(D)
Possession and use. No person may possess or use fireworks except
pursuant to a permit granted by the council and issued under this
chapter.
(1)
Permit. A permit authorizing the possession and use of fireworks
may be issued under this chapter only to a public authority, fair
association or civic organization and shall specify all of the following:
(2)
Inspection. A copy of the permit application shall be given
to the fire chief at least two weeks before the date of authorized
use. The fire chief shall make recommendation to the council as to
whether to approve or deny the permit.
(3)
Permit fee. The fee for a permit issued under this chapter shall
be set by resolution of the council.
(4)
Indemnity bond. The city shall require an indemnity bond under
section 167.10(3)(e) of the Wisconsin statutes, as recommended by
the fire chief, with good and sufficient sureties, or a policy of
liability insurance for payment of all claims that may arise by reason
of injuries to person or property from the handling, use or discharge
of Fireworks under the permit. The bond or policy shall be taken in
the name of the city, and a copy of the bond or policy and a copy
of the permit shall be filed with the city clerk.
(5)
Storage. Fireworks used under a permit shall not be stored,
kept, sold or discharged within 300 feet of any structure, other than
a motor vehicle, which contains more than one gallon of a volatile
substance.
(E)
Possession at public fireworks display. No person may possess or
use fireworks or an excluded combustible, other than a match, cigarette
lighter, tobacco or a tobacco product, while attending a fireworks
display for which a permit has been issued under this chapter if such
fireworks display is open to the general public.
(F)
Penalty.
(1)
Any person who violates section 9-4-16(C) of this chapter shall upon conviction be subject to a class 1 forfeiture.
(2)
Any person who fails to obtain a permit required by section 9-4-16(D) of this chapter shall upon conviction be subject to a class 1 forfeiture.
(3)
Any person who possesses or uses fireworks in violation of section 9-4-16(D) of this chapter shall upon conviction be subject to a Class 4 forfeiture.
(4)
Any person who possesses or uses fireworks or an excluded combustible
in violation of section 9-4-16(e) of this chapter shall upon conviction
be subject to a class 5 forfeiture.
[9-4-1984; 2016 Code]
(A)
No person shall fire or discharge any gun, pistol or other firearm
within the city limits, except when necessary to protect his or her
person and except a police officer in the lawful discharge of his
or her duty. This section shall not apply to a shooting gallery, nor
to military funerals.
(B)
Any person who violates this section shall upon conviction be subject
to a class 2 forfeiture.
[12-29-2011; 2016 Code]
(A)
Unless expressly authorized by section 11-6-10(H) of this code or by a clearly preemptive state or federal law, no person shall go armed with a concealed and dangerous weapon.
(B)
Any person who violates this section shall upon conviction be subject
to a class 1 forfeiture.
[1969 Code; 12-17-1991; 2016 Code]
(A)
Interference prohibited. It shall be unlawful for any person knowingly
to operate or cause to be operated, any machine, device, apparatus
or instrument in the city between the hours of 8:00 AM and 12:00 midnight,
the operation of which shall cause reasonably preventable electrical
interference with radio or television reception, within the city;
provided, however, that x-ray pictures, examinations or treatments
may be made at any time if the machines or apparatus used therefor
are properly equipped to avoid all unnecessary or reasonably preventable
interference with radio reception and not negligently operated.
(B)
Exceptions. This section shall not be held or construed to regulate
any transmitting, broadcasting or receiving instrument, apparatus
or device used or useful in interstate commerce or the operation of
which instrument, apparatus or device is licensed or authorized by
any act of the Congress of the United States.
(C)
Penalty. Any person violating any provision of this section shall
upon conviction be subject to a class 5 forfeiture. A separate offense
exists each calendar day during which a violation occurs or continues.
[5-20-2014; 2016 Code; 9-21-2020]
(A)
Statement of purpose. The city recognizes that objectionable sounds
and nuisance noise is a serious threat to the public health and welfare,
public safety, quality of life and property values. Current science
and technology permit abatement of sound sources which was not available
in the past. Therefore, it is the policy of the city to prevent and
abate objectionable sounds and nuisance noise which may jeopardize
the public health, safety or welfare or which would cause harm to
property values or which would impair the quality of life within the
city.
(B)
A-WEIGHTED SOUND LEVEL
AMBIENT SOUND
AMPLIFIED SOUND
AUTHORIZED EMERGENCY VEHICLE
BACKGROUND MUSIC
CONSTRUCTION
EMERGENCY WORK
IMPULSE SOUND
MUFFLER
NUISANCE NOISE
RECEIVING ZONE
SOUND LEVEL METER
STATIONARY SOUND
TRAFFIC SOUNDS
Definitions. All terms used in this section that are not defined
in this code, shall have the meaning provided by applicable publications
of the american national standards institute (ANSI) or its successor
body. In this section:
Means the sound pressure level in decibels as measured on
a sound level meter using the A-weighting network. The level so read
is designated as db(A) or dBA.
Means the all-encompassing sound associated with a given
environment being usually a composite of sounds from near and far.
Means voice or other sound, other than background music,
that is amplified by a mechanical or electronic device, or multiple
mechanical or electronic devices, whenever the sound amplified is
intended to be audible outside a dwelling or business enclosure by
an audience located within a geographically defined area.
Shall have the meaning set forth in section 340.01(3) of
the Wisconsin statutes.
Means amplified music that plays continuously for extended
periods of time and that is intended to serve as a background for
other activities that occur within a geographically defined area such
as shopping or dining.
Means a non-emergency related activity necessary or incidental
to the erection, demolition, assembling, altering, installing, repairing
or equipping of buildings, roadways, or utilities, including land
clearing, grading, excavating and filling.
Means work necessary to restore property to a safe condition
following a public calamity, work required to restore public utilities,
or work required to protect persons or property from imminent exposure
to danger.
Means sound of short duration, usually less than one second,
with an abrupt onset and rapid decay. Examples of sources of impulse
sound include explosions, drop forge impacts and the discharge of
firearms.
Means a sound dissipative device or system for abating sound
of escaping gases on equipment where such device is part of the normal
configuration of powered equipment.
Means any sound which tends to disturb reasonable persons
in the vicinity thereof or tends to cause an adverse psychological
or physiological effect on humans, regardless of whether such sound
exceeds the stationary sound limits imposed by this section.
Means the zoning district in which is located the real property at which the sound being measured is received. The zoning classification shall be that as set forth in section 5-1-3 of this code.
Means an instrument which includes a microphone, amplifier,
RMS detector, integrator or time averager, output meter, and weighing
networks used to measure sound pressure levels. The instrument shall
comply with the standards for Type 1 or Type 2 sound level meters
as specified in the american national standards institute ANSI S1.4-1983
(revised 2001) with amendments s1.4A-1995 or its successor.
Means sound emanating from a source that is either affixed
to or operated upon a fixed point of land, building or other real
property.
Means sounds emanating from the normal operation of motorized
vehicles, including all-terrain vehicles, upon public or private roads,
streets and highways and trails. Nuisance noise which emanates from
the operation of one or more motorized vehicles upon private property
shall be considered as stationary sound for the purposes of this section.
(C)
Exemptions.
(1)
General exemptions. The provisions of this section shall not
apply to the following:
A)
The emission of sound for alerting persons to the existence
of an emergency, the emission of sound in the performance of emergency
work, or the emission of sound brought about by emergency conditions
where such sound is a by product of activities necessary for the preservation
of public safety or the protection of the health, safety and welfare
of any person or property.
B)
Warning devices necessary for the protection of public safety,
the emission of any sound necessary for the protection of the health,
safety, or welfare of person or property or to the emission of any
sound which is required by law.
C)
The operation of authorized emergency vehicles.
D)
Outdoor sporting events sponsored by a public or private school
that is listed in the Wisconsin public school district directory or
the Wisconsin private school directory maintained by the Wisconsin
department of public instruction or by an organization the membership
of which consists of schools listed in either of such directories.
E)
Public works projects as authorized by the United States government,
the state of Wisconsin or other political subdivisions.
F)
Sounds emanating from the operation of construction machinery
when engaged in bona fide, temporary construction work between 7:00
AM and 8:00 PM of the same day.
G)
Sounds emanating from the operation of lawn or garden equipment,
chainsaws or power tools between 7:00 AM and 8:00 PM of the same day
when used in bona fide short term property maintenance or repair activities.
I)
Any bells or chimes of any building clock, public or private
school building, church, synagogue, or other place of religious worship.
J)
Traffic Sounds emanating from a public street, highway or recreational
trail.
K)
Events sponsored by the city or any of its departments.
L)
Sounds emanating from vehicles, machinery or equipment when
operated by or at the direction of city employees or work performed
by or at the direction of city employees, when such sounds are the
product of bona fide city sponsored activities.
M)
Train whistles activated from a moving train to warn of the
approaching train.
(2)
Partial exemption. Subsection (F) of this section shall not
apply to sounds emitted pursuant to and in conformance with an amplified
sound permit issued under this section.
(D)
Enforcement. The chief of police shall be responsible for the enforcement
of this section unless otherwise noted. The chief of police shall:
(E)
Determining sound levels. Sound levels shall be measured using the
following procedures:
(1)
Instruments used to measure sound levels must, as a minimum
standard, conform to the specifications of the american national standard
institute ANSI S1.4-1983 (revised 2001) with amendments S1.4A-1995
for Type 1 or Type 2 sound level meters. Sound level meters shall
be capable of both fast and slow meter response.
(2)
The following steps must be followed when preparing to take
sound level measurements:
A)
The instrument manufacturer's specific instructions for preparation
and use of the instrument shall be followed.
B)
The sound level meter shall be calibrated periodically, under
the manufacturer's instructions.
C)
When outdoor measurements are taken, a windscreen shall be placed
over the microphone of the sound level meter under the manufacturer's
instructions.
D)
The sound level meter shall be placed at an angle to the sound
source, as specified by the manufacturer's instructions, and placed
at least 4 feet above the ground. The meter shall be placed so as
not to be interfered with during the taking of sound measurements.
E)
Measurements shall be taken at any point within a receiving
zone which point is outside of the property line of the source of
the stationary sound.
F)
Impulse sound shall be measured with the sound level meter set
for fast meter response. All other sound shall be measured with the
sound level meter set for slow meter response.
G)
Under this section, sounds capable of being accurately measured
are those sounds which cause no more than (+ or -) 2 decibels fluctuation
of the sound level meter or, in the case of impulse sound, the mean
average of four peak readings measured over the period of an hour.
(F)
Maximum permissible sound levels.
(1)
General limitations. In the following zoning districts the A-Weighted
Sound Level emitted from any source of stationary sound shall not
exceed the following limits at any point within a receiving zone which
point is outside of the property line of the source of the stationary
sound:
|
Receiving Zone
|
Maximum dBA
|
|---|---|
|
Residential or Mobile Home District
|
60 dBA
|
|
Business and Planned Development District
|
70 dBA
|
|
Industrial District
|
75 dBA
|
(2)
Additional restrictions on impulse sound. A reduction of 5 dBA
shall apply to each of the limitations set forth under subparagraph
(F)(1) of this paragraph for all impulse sounds.
(G)
Special exception for ambient sound. When the ambient sound at the
source of a stationary sound equals or exceeds the decibel limits
provided in this section, the owner or operator of the property that
is the source of such stationary sound may seek a special exception
from the sound limitations of this section. Application for a special
exception from the sound limitation shall be made to the city clerk.
The public safety committee shall hear and act upon all applications
for a special exception under this subsection. The committee may grant
the appeal where the committee finds that the ambient sound equals
or exceeds the decibel limits for a property in a receiving zone and
that the combination of the ambient sound and the sound from the stationary
sound producing source does not exceed the limit for the receiving
affected property by more than 10 dBA.
(H)
Nonconforming source. Any source of stationary sound that does not
conform to the requirements of this section, which existed lawfully
when this section was adopted and which remains nonconforming, or
which shall became nonconforming upon the adoption of this section,
or of any subsequent amendments thereto, may continue, as provided
in this subsection.
(1)
Any such nonconforming source of stationary sound shall not
be modified, altered, added to, or enlarged in any manner unless such
modifications, alterations, additions, or enlargements thereto are
made to conform with all of the sound or noise control regulations
applicable to the source.
(2)
Any such nonconforming source of stationary sound which is discontinued
for one year shall not be used unless the use is made to conform with
all of the sound or noise control regulations applicable to the source.
(3)
Any such nonconforming source of stationary sound shall not
be repaired or restored to the extent that the cost of repair or restoration
exceeds 50 percent of the full market value of the source. In the
event that damage or destruction requires repairs or restoration which
is less that 50 percent of such market value, repairs or restoration
may be made if work is commenced within one year from the date of
the partial destruction and is diligently prosecuted to completion.
(I)
Effect of zoning change of affected property. When the zoning classification
of a receiving property is changed in a manner which would result
in a then existing sound source being in noncompliance with this section,
the sound source shall be considered a nonconforming and shall be
subject to the provisions of subsection (H) of this section.
(J)
Prohibition of nuisance noises.
(1)
It shall be unlawful for any person to make or assist in making
any nuisance noise unless the making and continuing of the same cannot
be prevented and is necessary for the protection or preservation of
property or of the health, safety, life or limb of some person.
(2)
It shall be unlawful for any person, firm, corporation, or other
entity occupying or having charge of any building or premises, or
any part thereof, to cause or allow any nuisance noise in the operation
or use of any radio, stereo or other mechanical or electrical device,
instrument or machine.
(3)
No person shall make nuisance noise with a motor vehicle by
squealing tires, excessive acceleration of engine or by emitting unnecessary
and loud muffler sounds.
(K)
Amplified sound permit.
(1)
Permit. No person shall produce or cause to be produced amplified
sound without a permit issued by the city authorizing such amplified
sound.
(2)
Short term amplified sound.
A)
Permits for amplified sound to be emitted within a period of
not more than 6 consecutive days may be approved by the city clerk
upon filing of proper application and the payment of a fee in an amount
established by resolution of the council.
B)
No short term amplified sound permit shall be issued for any
time that does not fall within a given period of 6 consecutive days.
No more than 3 short term amplified sound permits shall be issued
to the same person in any consecutive 12 month period.
(3)
Long term amplified sound.
A)
Permits for amplified sound that will be emitted during a period
exceeding 6 consecutive days may be approved by the public safety
committee upon filing of proper application and the payment of a fee
in an amount established by resolution of the council.
B)
All long term amplified sound permits shall expire on a date
certain which shall be no later than the next succeeding June 30 following
issuance.
C)
A long-term amplified sound permit may authorize multiple amplified
sound events if such events are part of a series of coordinated events
sponsored by a single person, company or organization.
(4)
Issuance by clerk. All amplified sound permits shall be issued
by the city clerk.
(5)
No amplified sound permit shall be issued except upon showing
by the applicant that the peace and good order of the city will not
be disturbed, nor shall any permit be construed to authorize an act
which does disturb the peace and good order of the city.
(L)
Regulation of background music.
(1)
Permit required. No person, company or organization may play
any form of background music audible in a public area outside a building
or structure without having first obtained a permit.
(2)
Requirements for permit. Application for a permit to play background
music for which a permit is required shall be made to the city clerk,
who shall be authorized to grant and issue a permit in compliance
with the regulations established in this section.
(M)
Revocation of permit. A permit issued pursuant to this section may
be subject to revocation at any time the permitted music or sound
exceeds the maximum permissible sound levels contained in this section
or becomes a nuisance noise. The procedure for revocation shall be
as follows:
(1)
Notice. The holder of a permit shall be notified, in writing,
of the city's intent to revoke a permit not less than 10 days before
the proposed revocation.
(2)
Hearing. The permit holder shall be permitted a hearing before
the council, which will hear such evidence as may be presented. Witnesses
will be sworn, and the proceedings will be electronically recorded
or otherwise preserved. Witnesses will be subject to examination by
the city and by the permit holder. The permit holder may be represented
by an attorney, but shall otherwise be required to present evidence
pertaining to the revocation of the permit in person. The permit holder
shall in all cases be present at the revocation hearing. Hearings
will take place at regularly scheduled or special meeting of the council
and a majority vote of shall be required to revoke a permit.
(N)
Penalty.
(1)
Any person who violates subsection (F) or (J) of this section
shall upon conviction be subject to a class 4 forfeiture for the first
offense in a 12 month period, a class 3 forfeiture for the second
offense in a 12 month period and a class 1 forfeiture for the third
or subsequent offense in a 12 month period.
(2)
Any person who violates subsection (K) or (L) of this section
shall upon conviction be subject to a class 5 forfeiture for the first
offense in a 12 month period, a class 4 forfeiture for the second
offense in a 12 month period and a class 1 forfeiture for the third
or subsequent offense in a 12 month period.
(3)
A separate offense exists each calendar day during which a violation
occurs or continues.
(O)
Severability. If any provision, clause, sentence, paragraph, or phrase
of this section or the application thereof to any person or circumstances
is held, for any reason by a court of competent jurisdiction, to be
invalid or unconstitutional, such decision shall not affect the validity
of other provisions or applications of the provisions of this section
which can be given effect without the invalid provision or application,
and to this end, the provisions of this section are declared to be
severable.
[6-19-1984; 2016 Code]
(A)
Lawful authority. No person shall knowingly resist or obstruct an
officer while such officer is doing any act in an official capacity
and with lawful authority.
(B)
OBSTRUCT
OFFICER
Definitions. In this section:
Includes, without limitation, knowingly giving false information
to the officer with intent to mislead him or her in the performance
of his or her duty including the service of any summons or civil process.
Means a peace officer or other public officer or public employee
having the authority by virtue of his or her office or employment
to take another into custody.
(C)
Serving or executing summons. Whoever, by violating this section,
hinders, delays or prevents an officer from properly serving or executing
any summons or civil process, is civilly liable to the person injured
for any actual loss caused thereby and to the officer or his or her
superior for any damages adjudged against either of them by reason
thereof.
(D)
Penalty. Any person who violates this section shall upon conviction
be subject to a class 2 forfeiture.
[1-7-2014; 2016 Code]
(A)
Unlawful acts. It shall be unlawful for any person to issue any check
or other order for the payment of any amount which, at the time of
issuance, he or she intends shall not be paid.
(B)
Prima facie evidence. Any of the following is prima facie evidence
that the person at the time he or she issued the check or other order
for the payment of money, intended it should not be paid:
(1)
Proof that, at the time of issuance, the person did not have
an account with the drawee; or
(2)
Proof that, at the time of issuance, the person did not have
sufficient funds or credit with the drawee and that the person failed
within 5 days after receiving written notice of nonpayment or dishonor
to pay the check or other order, delivered by regular mail to either
the person's last-known address or the address provided on the check
or other order; or
(3)
Proof that, when presentment was made within a reasonable time,
the person did not have sufficient funds or credit with the drawee
and the person failed within 5 days after receiving written notice
of nonpayment or dishonor to pay the check or other order, delivered
by regular mail to either the person's last-known address or the address
provided on the check or other order.
(C)
Inapplicability. This section does not apply to a postdated check
or to a check given for a past consideration, except a payroll check.
(D)
Restitution. Pursuant to section 800.093 of the Wisconsin statutes,
in addition to the other penalties provided for violation of this
section a judge may order a violator of this section to make restitution.
(E)
Penalty. A person who violates any provision of this section shall
upon conviction be subject to a class 2 forfeiture for the first offense
and a class 3 forfeiture for the second or subsequent offense within
a 12 month period.
[12-17-1991; 2016 Code]
[6-7-1983; 2016 Code]
(A)
No student under suspension, expulsion or other discipline excluding
him or her from attending school, no person not a student who is enrolled
at the school or a person not a parent or guardian of a student who
is enrolled at the school, and no person not otherwise authorized
to be present in the school or upon the school grounds shall be present
within the school or upon its grounds, unless in direct route to secure
authorization from the school principal or other person in charge
of the school.
(B)
Any person present within the school or upon its grounds shall, upon
the request of the principal or any other person in charge of the
school or its grounds, or upon the request of any police officer,
display any written authorization which he or she may have to be present,
or otherwise explain his or her presence.
(C)
All entrances to school buildings shall be posted with a notice stating
"Entry into school buildings or premises by unauthorized persons is
prohibited" or a notice that conveys substantially the same meaning.
(D)
Authorization to be present at one school shall not be construed
as authorization to be present at any other school.
(E)
This section applies to all schools within the city which are under
the jurisdiction of the board of the school district of Monroe.
(F)
Any person who violates any provision of this section shall upon
conviction be subject to a Class 3 forfeiture.
[9-20-1983; 2016 Code]
(A)
No person may litter any public place by depositing, dropping, or
throwing any form of trash or refuse any place other than a waste
receptacle, nor may any person deposit, drop or throw any form of
trash or refuse upon any private place without the consent of the
owner.
(B)
Any person violating this section shall upon conviction be subject
to a Class 5 forfeiture.
[1-16-1996; 2016 Code]
(A)
Theft. No person may intentionally take and carry away, use, transfer,
conceal, or retain possession of the moveable property of another
without the other's consent and with intent to deprive the owner permanently
of possession of such property.
(B)
Definitions. For this section, definitions may be found in subsection
943.20(2), Wisconsin statutes, and all acts supplementary and amendatory
thereto.
(C)
Penalty. Any person who violates this section shall upon conviction
be subject to a class 3 forfeiture.
[3-1-1994; 2016 Code]
(A)
MERCHANT
VALUE OF MERCHANDISE
Definitions. In this section:
Means any "merchant" as defined in section 402.104(3) of
the Wisconsin statutes or any innkeeper, motelkeeper or hotelkeeper.
Means: a) For property of the merchant, the value of the
property, not to exceed $1,000.00 for each item of property; or b)
For merchandise held for resale, the merchant's stated price of the
merchandise, not to exceed $1,000.00 for each item of merchandise,
or, in the event of altering, transferring or removing a price marking
or causing a cash register or other sales device to reflect less than
the merchant's stated price, the difference between the merchant's
stated price of the merchandise and the altered price, not to exceed
$1,000.00 difference for each price so altered, transferred or removed.
(B)
Penalty. Whoever intentionally alters indicia of price or value of
merchandise or who takes and carries away, transfers, conceals or
retains possession of merchandise held for resale by a merchant or
property of the merchant without his or her consent and with intent
to deprive the merchant permanently of possession, or the full purchase
price of the merchandise, shall upon conviction be subject to a Class
2 forfeiture.
(C)
Evidence of intent. The intentional concealment of unpurchased merchandise
which continues from one floor to another or beyond the last station
for receiving payments in a merchant's store is evidence of intent
to deprive the merchant permanently of possession of such merchandise
without paying the purchase price thereof. The discovery of unpurchased
merchandise concealed upon the person or among the belongings of another
is evidence of intentional concealment by the person so concealing
such goods.
(D)
Procedure to detain. A merchant or merchant's adult employee who
has probable cause for believing that a person has violated this section
in his or her presence may detain the person in a reasonable manner
for a reasonable length of time to deliver the person to a peace officer,
or to his or her parent or guardian in the case of a minor. The detained
person must be promptly informed of the purpose of the detention and
be permitted to make phone calls, but he or she shall not be interrogated
or searched against his or her will before the arrival of a peace
officer who may conduct a lawful interrogation of the accused person.
Any merchant or merchant's adult employee who acts in good faith in
any act authorized under this section is immune from civil or criminal
liability for those acts.
(E)
Evidence; privilege.
(1)
In any action or proceeding for violation of this section, identified
and authenticated photographs of merchandise which was the subject
of the violation may be used as evidence in lieu of producing the
merchandise.
(2)
A merchant or merchant's adult employee is privileged to defend
property as prescribed in section 939.49 of the Wisconsin statutes.
(F)
Additional penalties.
(1)
In addition to the other penalties provided for violation of
this section, a judge may order a violator to pay restitution as provided
under section 973.20 of the Wisconsin statutes. A victim may not be
compensated under both this section and section 943.51 of the Wisconsin
statutes.
(2)
In actions concerning violations of this section, a judge may
order a violator to make restitution under section 800.093 of the
Wisconsin statutes. A victim may not be compensated under sections
800.093 and 943.51 of the Wisconsin statutes.
(3)
If the court orders restitution under subsections (F)(1) and
(F)(2) of this section, any amount of the restitution paid to the
victim under one of those subsections reduces the amount the violator
must pay in restitution to the victim under the other subsection.
[2-7-1984; 7-3-1984; 2016 Code]
(A)
In this section, "library materials" include any book, plate, pictures,
photograph, engraving, painting, drawing, map, newspaper, magazine,
pamphlet, broadside, manuscript, document, letter, public record,
microfilm, sound recording, audiovisual materials in any format, magnetic
or other tapes, electronic data processing records, artifacts or other
documentary, written or printed materials, equipment, regardless of
physical form or characteristics, belonging to, on loan to, or otherwise
in the custody of a municipal library situated or based within the
city.
(B)
Any person who takes and carries away any library material with the
consent of a library official, agent or employee and fails, after
the notice required by this section, to timely return the library
material, shall upon conviction be subject to a class 4 forfeiture.
(C)
No person shall be charged with a violation of this section unless such person is provided written notice signed by a library official, agent or employee setting forth at least the following: a reasonable description of the library materials; the date that the library materials were due to be returned; the final date by which either the library materials are to be returned or a written explanation made to the library that the library materials are incapable of being returned because they are lost or destroyed; and the statement: "Your failure to comply with the demands of this notice will subject you to being prosecuted for a violation of section 9-4-28 of the this code (failure to return library materials)" or a statement conveying substantially the same information. Such notice shall be served either by regular, first class mail sent to the person's last known address or by personal service upon such person.
[10-16-2012; 2016 Code]
(A)
Unlawful acts. It shall be unlawful for any tenant, with intent to
defraud, to do any of the following:
(1)
Intentionally abscond without paying rent that has been contractually
agreed upon in an oral or written lease with a landlord. Prima facie
evidence of intentionally absconding will be established if a tenant
fails to pay rent due before vacating the rental premise, and the
non-payment of rent continues for five days after vacation of the
premise; or
(2)
Issue any check, money order or any other form of bank or monetary
draft as a payment of rent, where such document lacks sufficient funds,
where the account is closed, or where such draft is unredeemable in
any other form or fashion.
(B)
Applicability. This chapter shall apply to rental agreements between
residential landlords and tenants only. The words and terms used in
this section shall be defined and construed in conformity with the
provisions of chapter ATCP 134 of the Wisconsin administrative code,
chapter 704 of the Wisconsin statutes, and section 990.001(2) of the
Wisconsin statutes.
(C)
Penalty. Any person who violates any provision of this section shall
upon conviction be subject to a class 3 forfeiture for the first such
offense. For the second or subsequent offense, any person who violates
any provision of this section shall upon conviction be subject to
a class 2 forfeiture.
[10-16-2012; 2016 Code]
(A)
Telecommunications service and video service defined. In this section
"telecommunications service" shall have the meaning set forth in section
182.017(1g)(cq) of the Wisconsin statutes and the term "video service"
shall have the meaning set forth in section 943.46(1)(c) of the Wisconsin
statutes.
(B)
Unlawful acts. It shall be unlawful for any person, with intent to
defraud, to obtain or attempt to obtain telecommunication service,
video service, gas service, sewer service or water service by any
of the following means:
(1)
Rearranging, tampering with or making connections with any facilities
or equipment;
(2)
Using any contrivance, device or means to avoid payment of the
lawful charges, in whole or in part, for such service;
(3)
Charging such service to another subscriber without the consent
of such subscriber thereto, or the legitimate holder thereof.
(C)
Applicability. This section shall apply when the services either
originate or terminate, or both, in this city, or when the charges
for services would have been billable, in normal course, by a person
providing the services in this city but for the fact services were
obtained, or attempted to be obtained, by one or more of the means
set forth in this section.
(D)
Penalty. Any person who violates any provision of this section shall
upon conviction be subject to a class 3 forfeiture for the first such
offense. For the second and subsequent offense, any person who violates
any provision of this section shall upon conviction be subject to
a class 2 forfeiture.
[10-16-2012; 2016 Code]
(A)
Recreational attraction defined. In this section, "recreational attraction"
means a public accommodation designed for amusement and includes theaters,
entertainment venues, racetracks, swimming pools, trails, golf courses,
carnivals, and amusement parks.
(B)
Unlawful acts. It shall be unlawful for any person, with intent to
defraud, to do any of the following:
(1)
Having obtained any beverage, food, lodging, ticket or other
means of admission, or other service or accommodation at any campground,
hotel, motel, boarding or lodging house, restaurant, or recreational
attraction, intentionally absconds without paying for it.
(2)
While a guest at any campground, hotel, motel, boarding or lodging
house, or restaurant, intentionally defrauds the keeper thereof in
any transaction arising out of the relationship as guest.
(3)
Having obtained any transportation service from a taxicab operator,
intentionally absconds without paying for the service.
(4)
Having obtained gasoline or diesel fuel from a service station,
garage, or other place where gasoline or diesel fuel is sold at retail
or offered for sale at retail, intentionally absconds without paying
for the gasoline or diesel fuel.
(C)
Under this section, prima facie evidence of an intent to defraud
is shown by:
(1)
The refusal of payment upon presentation when due, and the return
unpaid of any bank check or order for the payment of money, given
by any guest to any campground, hotel, motel, boarding or lodging
house, or restaurant, in payment of any obligation arising out of
the relationship as guest. Those facts also constitute prima facie
evidence of an intent to abscond without payment.
(2)
The failure or refusal of any guest at a campground, hotel,
motel, boarding or lodging house, or restaurant, to pay, upon written
demand, the established charge for any beverage, food, lodging or
other service or accommodation actually provided.
(3)
The giving of false information on a lodging registration form
or the giving of false information or presenting of false or fictitious
credentials to obtain any beverage or food, lodging or credit.
(4)
The drawing, endorsing, issuing or delivering to any campground,
hotel, motel, boarding or lodging house, or restaurant, of any check,
draft or order for payment of money upon any bank or other depository,
in payment of established charges for any beverage, food, lodging
or other service or accommodation, knowing that there is not sufficient
credit with the drawee bank or other depository for payment in full
of the instrument drawn.
(D)
If a person has obtained a ticket, another means of admission, or
an accommodation or service provided by the recreational attraction,
his or her failure or refusal to pay a recreational attraction the
established charge for the ticket, other means of admission, or accommodation
or service provided by the recreational attraction constitutes prima
facie evidence of an intent to abscond without payment.
(E)
The refusal to pay a taxicab operator the established charge for
transportation service provided by the operator constitutes prima
facie evidence of an intent to abscond without payment.
(F)
The failure or refusal to pay a service station, garage, or other
place where gasoline or diesel fuel is sold at retail or offered for
sale at retail the established charge for gasoline or diesel fuel
provided by the service station, garage, or other place constitutes
prima facie evidence of an intent to abscond without payment.
(G)
Penalty.
(1)
Any person who is convicted of an offense under subsections
(B)(1), (B)(2), or (B)(3) of this section shall be subject to a class
2 forfeiture for the first such offense. Any person who is convicted
of an offense under subsections (B)(1), (B)(2), or (B)(3) of this
section a second or subsequent time within a 12 month period shall
be subject to a class 1 forfeiture.
(2)
Any person who is convicted of an offense under subsection (B)(4)
of this section shall be subject to a class 3 forfeiture for the first
such offense. Any person who is convicted of an offense under subsections
(B)(4) of this section a second or subsequent time within a 12 month
period shall be subject to a class 2 forfeiture.
[3-1-1994; 2016 Code]
(A)
State statute adopted. Section 254.92 of the Wisconsin statutes regulating
the purchase or possession of tobacco products by a person under 18
years of age is hereby adopted by reference.
(B)
Penalty. Any person violating any provision of this section shall
upon conviction be subject to a class 5 forfeiture.
[3-1-1994; 2016 Code]
(A)
State statute adopted. Section 134.66 of the Wisconsin statutes establishing
restrictions on the sale or gift of cigarettes or tobacco products
is hereby adopted by reference.
(B)
Penalty. Any person violating any provision of this section shall
upon conviction be subject to a Class 3 forfeiture.
[6-2-1998; 2016 Code]
(A)
CURFEW HOURS
EMERGENCY
ESTABLISHMENT
GUARDIAN
MINOR
PARENT
PUBLIC PLACE
REMAINS
SERIOUS BODILY INJURY
Definitions. In this section:
Means a) one minute after 11:00 PM on any day, until 5:00
AM the following day, for any person under 16 years of age; b) one
minute after 1:00 AM on any day, until 5:00 AM the same day, for any
person 16 years of age or older, but less than 18 years of age.
Means any unforeseen combination of circumstances or the
resulting state that calls for immediate action. The term includes
a fire, natural disaster, an automobile accident, or any situation
requiring immediate action to prevent serious bodily injury or loss
of life.
Means any privately owned place of business operated for
a profit to which the public is invited, including, but not limited
to, any place of amusement or entertainment.
Means a person who, under court order, is the guardian of
the person of a minor; or a public or private agency with whom the
minor has been placed by a court.
Means any person under 18 years of age.
Means a person who is a natural parent, adoptive parent,
or stepparent of another person; or a person at least 18 years of
age and specifically authorized by a parent or guardian to have care
and control of a minor.
Means any place to which the public or a substantial group
of the public has access and includes streets, highways, sidewalks,
public parking lots, and the common areas of schools, hospitals, apartment
houses, office buildings, transport facilities and businesses.
Means to linger or stay; or fail to leave premises when requested
to do so by a police officer or the operator or person in control
of the premises.
Means bodily injury that creates substantial risk of death
or that causes death, serious permanent disfigurement, or protracted
loss or impairment of the function of any bodily member or organ.
(B)
Offenses.
(1)
A minor commits an offense if the minor remains in any public
place or on the premises of any establishment within the city during
curfew hours.
(2)
A parent or guardian of a minor commits an offense if the parent
or guardian knowingly permits, or by insufficient control allows,
the minor to remain in any public place or on the premises of any
establishment within the city during curfew hours.
(C)
Defenses.
(1)
It is a defense to prosecution under subsection (B) of this
section if the minor was:
A)
Accompanied by the minor's parent or guardian;
B)
On an errand specifically authorized by the minor's parent or
guardian, without any detour or stop;
C)
In a motor vehicle involved in interstate travel, without any
detour or stop;
D)
Engaged in an employment activity, or going to or returning
home from an employment activity, without any detour or stop;
E)
Involved in an emergency;
F)
On the sidewalk abutting the minor's residence or abutting the
residence of a next - door neighbor if the neighbor did not complain
to the police department about the minor's presence;
G)
Attending an official school, religious, or other recreational
activity supervised by adults and sponsored by the city, school, civic
organization, or another similar entity that takes responsibility
for the minor, or going to or returning home from, without any detour
or stop, an official school, religious, or other recreational activity
supervised by adults and sponsored by the city, school, civic organization,
or another similar entity that takes responsibility for the minor.
(D)
Enforcement. Before taking any enforcement action under this section,
a police officer shall ask the suspected offender's age and reason
for being in the public place or on the premises. The officer shall
not issue a citation or make an arrest under this section unless the
officer reasonably believes that an offense has occurred and that,
based on any response and other circumstances, no defense in subsection
(C) of this section is present.
(E)
Penalty. Any person who violates any provision of this section shall
upon conviction be subject to a class 5 forfeiture for the first such
offense. For the second and subsequent offense, any person who violates
any provision of this section shall upon conviction be subject to
a Class 4 forfeiture.
[6-16-2015; 2016 Code]
(A)
DRUG PARAPHERNALIA
MARIJUANA
SYNTHETIC CANNABINOIDS
Definitions. In this section:
Shall have the meaning set forth in section 961.571 of the
Wisconsin statutes.
Shall have the meaning set forth in section 961.01(14) of
the Wisconsin statutes.
Shall mean the substances set forth in section 961.14(4)(tb)
of the Wisconsin statutes.
(B)
Wisconsin statutes adopted. Sections 961.14(4)(tb), 961.573(1) and
(2), 961.574(1) and (2), and 961.575(1) and (2) of the Wisconsin statutes
are hereby adopted by reference.
(C)
Possession of marijuana prohibited. No person shall possess 25 grams
or less of marijuana within the city.
(D)
Possession of synthetic cannabinoids prohibited. No person shall
possess synthetic cannabinoids within the city.
(E)
Possession of drug paraphernalia. No person shall possess drug paraphernalia
within the city.
(F)
Penalty.
(1)
Any person who violates subsections (C) or (D) of this section
shall upon conviction be subject to a class 2 forfeiture. The forfeiture
provided in this subsection shall be doubled for any person who is
convicted of violating subsections (C) or (D) of this section on or
within a school bus, or within 500 feet of any private or public school,
church, park or playground.
(2)
Any person who violates subsection (E) of this section shall
upon conviction be subject to a class 3 forfeiture. The forfeiture
provided in this subsection shall be doubled for any person who is
convicted of violating subsection (E) of this section on or within
a school bus, or within 500 feet of any private or public school,
church, park or playground.
[3-6-2001; 2016 Code]
(A)
ACCEPTABLE EXCUSE
ACT OF COMMISSION OR OMISSION
DROPOUT
HABITUAL TRUANT
OPERATING PRIVILEGE
PUPIL
SCHOOL ATTENDANCE OFFICER
TRUANT
Definitions. In this section:
Means any of the following: a) The pupil has graduated from
high school; b) A pupil, age 16 or over and who qualifies as a child
at risk as defined in the general school operations section of the
Wisconsin statutes, and upon written approval by the school board
and the pupil's parent or guardian, in lieu of high school or on a
part-time basis, may attend a vocational or technical college program
leading to the pupil's high school graduation; c) The pupil, age 16
and over, may be excused by the school board if the pupil's parent
or guardian agrees in writing that the pupil will participate in a
program or curriculum leading to the pupil's high school graduation
or high school equivalency diploma, including, but not limited to
modifications within the pupil's current academic program, a school
work training or work study program, enrollment in any alternative
public school or program located in the school district in which the
pupil resides, enrollment in any nonsectarian private school or program,
homebound study, including nonsectarian correspondence courses or
other courses of study approved by the school board or nonsectarian
tutoring provided by the school in which the pupil is enrolled or
enrollment in any public educational program located outside the school
district in which the pupil resides; d) Any pupil who is excused by
the school board because the pupil is temporarily not in proper physical
or mental condition to attend a school program, but who can be expected
to return to a school program upon termination or abatement of the
illness or condition. The school attendance officer may request the
parent or guardian of the pupil to obtain a written statement from
a licensed physician, dentist, chiropractor, optometrist, psychologist,
or Christian science practitioner as sufficient proof of the physical
or mental condition of the pupil. An excuse under this subsection
shall be in writing and shall state the time period for which it is
valid, not to exceed 30 days; e) A pupil excused in writing by his
or her parent or guardian before the absence. A pupil may not be excused
for more than 10 days in a school year under this subsection; f) Instruction
in a home-based private educational program, as approved by the school
board; g) Any other reason established by the school board specifying
when pupils may be permitted to be excused from a public school.
Means anything that contributes to the truancy of a pupil,
whether or not the pupil is adjudged to be in need of protection or
services, if the natural and probable consequences of that act would
be to cause the pupil to be truant.
Means a pupil, who has ceased to attend school, continues
to reside in the school district, does not attend a public, private
or vocational, technical and adult education district school or home-based
private educational program on a full-time basis, and has not graduated
from high school and does not have an acceptable excuse.
Means a pupil who is absent from school without an acceptable
excuse for part or all of five or more days on which school is held
during a school semester.
Means the authorization to operate a motor vehicle, or to
obtain any license, including the authorization to operate vehicles
of specific vehicle classes or types, instruction permit, and temporary,
restricted or occupational driver's licenses.
Means a child between the ages of six and 18, who is a resident
of the city, or who attends a school in the city, and who is required
under the compulsory school attendance laws of Wisconsin to attend
school regularly.
Means an employee, or employees, designated by the school
board to deal with matters relating to school attendance and truancy.
Means a pupil who is absent from school without an acceptable
excuse for part or all of any day on which school is held during a
school semester.
(B)
Offenses.
(1)
No pupil shall be a truant.
(2)
No pupil shall be a habitual truant.
(3)
No pupil shall be a dropout.
(4)
No person, 18 years of age or older, who has care, custody,
or control over a pupil shall fail to cause the pupil to attend school
regularly, and no person shall perform any act of commission or omission,
which act encourages or contributes to a pupil's truancy or habitual
truancy from school. It is a defense to this section if the person
can show that he or she cannot comply with this section due to the
disobedience of the pupil.
(C)
Disposition. If a pupil is adjudged to be a truant, a habitual truant,
or a dropout, or a person adjudged to have contributed to truancy,
then the court shall enter a dispositional order including one or
more of the following:
(1)
Truant.
A)
An order for the person to attend school.
B)
A class 5 forfeiture plus costs for a first violation, or a
class 4 forfeiture plus costs for any second or subsequent violation
committed within 12 months, subject to the juvenile justice code of
the Wisconsin statutes and subject to a maximum cumulative forfeiture
amount of not more than the maximum class 4 forfeiture multiplied
by 5 for all violations committed during a school semester. All or
part of the forfeiture plus costs may be assessed against the pupil,
the parents or guardian of the pupil, or both.
(2)
Habitual truant.
A)
An order for the person to attend school.
B)
A class 1 forfeiture plus costs, subject to the juvenile justice
code of the Wisconsin statutes. All or part of the forfeiture plus
costs may be assessed against the pupil, the parents or guardian of
the pupil, or both.
C)
Suspension of the pupil's operating privilege, for not less
than 30 days, nor more than one year. The court shall immediately
take possession of any suspended licenses and forward it to the department
of transportation and a notice stating the reason for and the duration
of the suspension.
D)
An order for the pupil to participate in counseling or a supervised
work program or other community service work as described in the juvenile
justice code of the Wisconsin statutes. The costs of any such counseling,
supervised work program or other community service work may be assessed
against the pupil, the parents or guardians of the pupil, or both.
E)
An order for the pupil to remain at home except during hours
in which the pupil is attending religious worship or a school program,
including the travel time required to and from the school program
or place of worship. The order may permit a pupil to leave his or
her home if a parent or guardian accompanies the pupil.
F)
An order for the pupil to attend an educational program as described
in the juvenile justice code of the Wisconsin statutes.
G)
An order for the Wisconsin department of workforce development
to revoke, under section 103.72 of the Wisconsin statutes, a permit
under section 103.70 of the Wisconsin statutes authorizing the employment
of the pupil.
H)
An order for the pupil to be placed in a teen court program
as described in the juvenile justice code of the Wisconsin statutes.
I)
An order placing the pupil under formal or informal supervision,
as described in the juvenile justice code of the Wisconsin statutes,
for up to one year.
J)
An order for the pupil's parent, guardian or legal custodian
to participate in counseling at the parent's, guardian's or legal
custodian's own expense or to attend school with the pupil, or both.
K)
Any other reasonable conditions consistent with this subsection,
including a curfew, restrictions as to going to or remaining on specified
premises and restrictions on associating with other children or adults.
(3)
Dropout.
A)
The court may suspend the operating privilege of a pupil, age
16 or older, until the pupil reaches the age of eighteen (18). The
court shall immediately take possession of any suspended licenses
and forward it to the Wisconsin department of transportation and a
notice stating the reason for and the duration of the suspension.
(D)
Prerequisites for conviction of habitual truancy, dropout, and contributing
to truancy. No parent or guardian having control of a pupil may be
convicted of contributing to truancy, nor any pupil may be convicted
of habitual truancy or being a dropout, unless appropriate school
personnel or the school attendance officer has, within one year before
the commencement of prosecution, done all of the following:
(1)
Met with the pupil's parent or guardian to discuss the pupil's
truancy or attempted to meet with the pupil's parent or guardian and
received no response or were refused.
(2)
Provided an opportunity for educational counseling to the pupil
and considered curriculum modifications.
(3)
Evaluated the pupil to determine whether learning problems are
the cause of the truancy and, if so, taken steps to overcome the learning
problems.
(4)
Conducted an evaluation to determine whether social problems
are the cause of the pupil's truancy and, if so, taken appropriate
action or made appropriate referrals.
(E)
Applicability. Subsections (D)(2), (D)(3), and (D)(4) of this section
shall not apply if the school attendance officer provides evidence
that appropriate school personnel were unable to carry out the activity
due to the pupil's absences from school.
[2-6-2023]
